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Writ petition under Article 226 of the Constitution; Ministry of Home Affairs guidelines on Look Out Circulars (Office Memorandum of 22 February 2021)

Stopped at the Airport by a Look Out Circular? Get the LOC Quashed or Suspended

Stopped at IGI airport by a Look Out Circular? How a Delhi High Court writ gets an LOC quashed or suspended for travel, with steps, documents and time.

In short. A Look Out Circular (LOC) is an alert in the immigration system that lets officers at the airport stop you from leaving India. If you were turned back at IGI or another airport, or expect to be, the Delhi High Court can quash the LOC under Article 226 or suspend it for a particular trip. Urgent petitions are often listed within days; a final decision takes longer. This week, collect your travel papers, any notice from the police or agency, and the FIR or case details, and get the petition drafted.

सारांश (हिंदी में)लुक आउट सर्कुलर (LOC) इमिग्रेशन सिस्टम में दर्ज एक अलर्ट है, जिसके कारण एयरपोर्ट पर आपको विदेश जाने से रोका जा सकता है। अगर आपको IGI या किसी अन्य एयरपोर्ट पर रोका गया है, या रोके जाने का डर है, तो दिल्ली हाई कोर्ट अनुच्छेद 226 के तहत रिट याचिका में LOC रद्द कर सकता है या किसी खास यात्रा के लिए उसे स्थगित कर सकता है। जरूरी मामलों में सुनवाई कुछ दिनों में हो सकती है, अंतिम फैसले में ज्यादा समय लगता है। इस हफ्ते अपने टिकट, पासपोर्ट, पुलिस या एजेंसी के नोटिस और FIR की जानकारी इकट्ठा करें और याचिका तैयार करवाएं।

Is this your situation?

  • You were stopped at the immigration counter and told there is a Look Out Circular against your name.
  • You have a flight booked for work, a family function or medical treatment abroad and fear you will be offloaded.
  • You live abroad (Dubai, the UK, Canada, the US) and came to India, and now cannot fly back.
  • A bank has called your loan a default and you suspect it asked for an LOC, though there is no criminal case.
  • You are or were a director or guarantor of a company under investigation by the police, CBI, ED or SFIO.
  • Your wife or her family filed a dowry or cruelty complaint and you are an NRI husband who must return to your job.
  • You have been joining the investigation every time you were called, yet the LOC has never been withdrawn.

What a Look Out Circular is and who can open one

A Look Out Circular is a request, entered into the database of the Bureau of Immigration, asking immigration officers to watch for a named person at airports, seaports and land border posts. It is not a court order and it is not a criminal charge. It is an administrative step taken by an investigating or government agency, which the guidelines call the originating agency, so that the person cannot leave India while that agency still wants him.

The Ministry of Home Affairs has issued guidelines on LOCs over the years, consolidated in an Office Memorandum dated 22 February 2021. Under these guidelines an LOC is opened at the request of an officer of a specified rank in the police, central agencies such as the CBI, ED, DRI, SFIO and income tax authorities, certain government departments, or on the direction of a court. The request is supposed to carry identifying details and the reason for the LOC.

An LOC can ask the immigration officer to do different things: simply report the person's departure or arrival, stop the person from leaving, or detain the person and hand him over to the agency. Most people we meet have the second kind, the one that prevents departure. In many cases the LOC stays in force until the originating agency asks for it to be withdrawn, which is why people find themselves stopped years after they last heard from the police.

What usually happens at the immigration counter

Most people learn about the LOC at Terminal 3 of IGI Airport, after check-in, when the immigration officer looks at the screen, takes the passport aside and calls a senior officer. You may be asked to wait, sometimes for hours, while immigration contacts the originating agency. If the LOC only asks that departure be prevented, your boarding pass is cancelled and you are sent back. If it asks for detention, the local police or the agency may be called to the airport.

Ask, politely, which agency opened the LOC and whether there is a reference number or a written intimation. Officers do not always share details, but many will at least tell you whether it is a police LOC, a CBI or ED LOC, or a bank-requested one. Note the date, time, terminal and the names or designations of the officers you spoke to. Keep the cancelled boarding pass, the ticket and any refund correspondence from the airline.

Do not argue at the counter, refuse to sign a document you are given without reading it, or try another airport the next day. The LOC is a national database entry. A second attempt will meet the same result and can later be described as an attempt to evade the investigation, which is the one thing the High Court looks for when it decides whether to set the LOC aside.

The law behind an LOC challenge

Article 21 of the Constitution

The right to travel abroad is part of personal liberty. The Supreme Court said so in Maneka Gandhi v. Union of India (1978) and repeated it in Satish Chandra Verma v. Union of India (2019). It can be restricted only by a fair procedure established by law, and the restriction must be in proportion to the purpose it serves.

MHA Office Memorandum, 22 February 2021

The consolidated guidelines say who may request an LOC, what details must be given, and in what kind of cases it may be opened. The ordinary rule is that an LOC is meant for cases involving cognizable offences where the person is evading arrest or not appearing before the court or agency. There is an exception for cases where departure would harm the sovereignty, security or economic interests of India or the larger public interest. Much of the litigation turns on whether that exception has been stretched.

Sumer Singh Salkan v. Asstt. Director (Delhi High Court, 2010)

This Division Bench decision set out early principles: an LOC is a coercive measure, it may be used where a person is deliberately evading arrest or not appearing despite warrants, and the person against whom it is opened may approach the court to have it set aside. Later judgments of the Delhi High Court have built on it.

Article 226 of the Constitution

Because the LOC is an act of the State with no statutory appeal against it, the remedy is a writ petition in the High Court. The court can quash the LOC, suspend it for a period or a trip, direct the agency to reconsider, or impose conditions on travel.

Grounds on which the Delhi High Court sets aside or suspends an LOC

  • No criminal case at all. Where there is no FIR, no complaint case and no pending investigation naming you, an LOC usually has nothing to stand on. A civil dispute, a pending recovery case or a tax demand by itself is rarely enough.
  • You have joined the investigation. If you appeared every time you were called, answered notices under Section 35 BNSS (old Section 41A CrPC) and gave documents, the basis of evading arrest falls away. Notices and acknowledgements proving this carry real weight.
  • You are not an accused. Witnesses, relatives of an accused, employees and former directors with no role in the alleged offence are sometimes put on an LOC as a pressure tactic. Courts have not looked kindly on this.
  • Chargesheet filed without arrest. If the police filed the chargesheet without arresting you and the trial court summoned you and you appeared, the LOC has usually served whatever purpose it had.
  • Long delay with no progress. An LOC opened years ago in an investigation that has gone nowhere, with no attempt to examine you, looks more like a punishment than a safeguard.
  • Exception invoked without reasons. When the agency relies on the economic interests of India or the larger public interest, the court asks for specific material. A bare recital of those words often does not survive a hearing.
  • Roots in India and a record of returning. A home, family, business and a passport full of trips from which you came back are strong evidence that you are not a flight risk.

LOCs requested by banks over unpaid loans

Bank-requested LOCs are the area where the law has moved most in recent years, so we check the current position afresh in every such case. The guidelines at one stage allowed heads of public sector banks to request an LOC against a defaulting borrower in the economic interests of India. In 2024 the Bombay High Court struck down that clause in Viraj Chetan Shah v. Union of India and set aside the LOCs before it.

The Delhi High Court has, in several judgments in 2024 and 2025, held that an LOC cannot be used as a recovery tool against a borrower or guarantor merely because money is owed, especially where there is no FIR, no fraud allegation and no investigation. In one such case decided in late 2025, a guarantor who was not named in any FIR had the LOCs against him quashed on an undertaking to cooperate with any investigation. These rulings may be tested further, so nobody can tell you the question is closed.

What it means in practice: if the only thing against you is a loan account in default, a pending case before the Debts Recovery Tribunal or a SARFAESI notice, you have a strong starting point. If the bank has also declared the account fraud or filed a CBI or police complaint, the case is different, and the LOC challenge may need to go together with a challenge to the fraud classification. Our page on challenging a fraud or wilful defaulter tag covers that, and the guide on LOCs issued in a bank loan dispute explains the bank side in more detail.

Quash the LOC or suspend it for one trip: what to ask for

Quashing removes the LOC altogether. It is the right prayer where there is no case, where you have cooperated fully, or where the investigation is over and the chargesheet has been filed. It takes longer, because the court will ask the originating agency for a status report and hear both sides before deciding.

Suspension is a narrower order that lets you travel for a stated period, on conditions, while the main petition is pending. It suits someone with a fixed date: a daughter's wedding in Toronto, a job joining date in Dubai, surgery in Singapore. The court usually asks for the itinerary, the return ticket, the address abroad and some security, and records your undertaking to come back.

Most petitions ask for both: quashing as the final relief and suspension as interim relief. When Advocate B.K. Singh drafts an LOC petition with a flight date close by, he puts the travel date, the reason for travel and the proposed security in the opening paragraphs, because the bench will want to know at the first hearing exactly what is being asked and why it cannot wait.

How an LOC petition moves through the Delhi High Court

The steps below assume an LOC opened by a police station or central agency and a challenge filed in Delhi.

  1. Find out who opened the LOC

    We write to the agency you suspect and, where useful, to the Bureau of Immigration, asking for the LOC details and the reasons. Even an incomplete reply helps. If no reply comes, the petition is filed against all likely agencies and the Union of India, and the court directs them to disclose the position.

  2. Collect proof of cooperation and roots

    Notices received, replies sent, dates you appeared, anticipatory bail or regular bail orders, trial court summons and your appearances. Add proof of property, family, business and past travel with return. This bundle often decides the case.

  3. Draft and file the writ petition

    The petition sets out the facts, the LOC, the grounds and the prayers, with an urgent application if a trip is near. It is filed through e-filing with an affidavit, and an advance copy goes to the government counsel for the Union of India and for the agency.

  4. Urgent listing and first hearing

    If travel is imminent, the matter is mentioned for early listing. At the first hearing the court usually issues notice and asks the agency to file a status report. Where the facts are clear, interim suspension for a trip may be granted at that stage on conditions.

  5. Status report and rejoinder

    The agency explains why it wants the LOC kept. We answer that in a rejoinder, pointing to your cooperation, the stage of the case and anything the status report leaves out.

  6. Final hearing and order

    The court quashes the LOC, keeps it, or modifies it, often with conditions such as informing the investigating officer of travel or appearing when called. The order is sent to the Bureau of Immigration through the agency, and we check that the database has been updated before you fly.

Carry a copy of the order, ideally downloaded from the court's website with its verification code, when you travel next. Database updates are not always instant, and a printed order has saved many clients a second trip home from the airport.

Which court hears an LOC challenge, and when Delhi is the wrong forum

The Delhi High Court has jurisdiction where the LOC was requested by an agency or police station in Delhi, where the FIR is registered in Delhi, or where the decision was taken at the headquarters of a central agency in Delhi. The Bureau of Immigration and the Ministry of Home Affairs are both in Delhi, so a part of the cause of action often arises here under Article 226(2).

That does not mean every LOC can be challenged in Delhi. If the LOC comes from a police station in Gurugram or Faridabad on an FIR registered there, the Punjab and Haryana High Court is ordinarily the forum. An LOC from Noida or Ghaziabad police usually belongs before the Allahabad High Court. Following Kusum Ingots v. Union of India (2004), the Delhi High Court can decline a petition where only a slender part of the cause of action arose in Delhi, even if it technically has jurisdiction.

Where a criminal case is already pending before a trial court and you are on bail, the trial court itself can be asked to permit travel and to direct the agency to suspend the LOC for that trip. That is often quicker. Our page on permission to travel abroad during a criminal case explains that route. A writ makes sense where there is no pending case, where the trial court has no power over the LOC, or where you want the LOC removed for good.

Time and cost at each stage

StageTypical timeCourt fee and costs
Collecting LOC details and papersA few days to two weeksNo court fee; photocopying, notarisation and courier only
Drafting and filing the writ petitionTwo to seven days after papers are readyNominal court fee on a writ petition and applications; check the current court fee
Urgent mentioning and first listingOften within a few days if travel is near; otherwise one to three weeksNo separate fee for mentioning
Status report from the agencyUsually two to six weeks after noticeNil
Interim suspension for one tripCan be at the first or second hearing where facts are clearSecurity or fixed deposit if ordered, refunded on return as directed
Final decision on quashingCommonly three to nine months, sometimes longerNil beyond filing; costs only if the court orders them
Appeal to a Division Bench by either sideWeeks to monthsFresh court fee; check the current court fee

Documents to bring to the first meeting

About the LOC and the airport

  • Passport (copy of all pages with stamps)
  • Ticket, cancelled boarding pass and airline refund emails
  • Any intimation from immigration or the agency, and notes of what officers said
  • Next travel booking, invitation letter, employment letter or hospital appointment

About the case against you

  • FIR copy or complaint, if any, and the police station name
  • Notices under Section 35 BNSS or summons, with your replies
  • Bail or anticipatory bail orders and the conditions in them
  • Chargesheet, summoning order and order sheets of the trial court, if filed

About your roots

  • Proof of residence, property papers, family details
  • For NRIs: residence visa or permit abroad, employment contract, children's school records
  • Income tax returns or business registration
  • For bank cases: loan papers, DRT or SARFAESI proceedings, correspondence with the bank

A made-up example: an NRI from Dubai stopped at IGI

Here's a made-up example. Rakesh, an accountant working in Dubai for eight years, flies to Delhi for his mother's surgery. On the way back he is stopped at Terminal 3 and told there is an LOC. He learns that a former employer in Delhi filed a cheating complaint four years ago and the Economic Offences Wing had once sent an email asking him to appear, which he had answered by sending documents and offering to join by video.

His Dubai employer has given him ten days to return. The petition sets out his employment, his family in Dwarka, the emails showing he responded, and the fact that no chargesheet has been filed in four years. At the first hearing, the court asks the EOW for a status report and, in the meantime, permits him to travel for a fixed period on furnishing a fixed deposit, giving his Dubai address and phone number, and undertaking to join the investigation by video and in person when called. The final question of quashing is decided later, after the status report comes in. Another bench on other facts could decide differently; the point is the kind of material that matters.

Directors, guarantors and employees of companies under investigation

Many LOCs reach people because of their position in a company rather than anything they did. Agencies investigating a company tend to request LOCs against everyone listed on the MCA portal as a director, sometimes including independent directors, nominee directors and people who resigned before the transactions in question.

For such petitioners the first job is to separate yourself from the company on paper. Date of appointment and resignation with Form DIR-12, board resolutions, the scope of your role, whether you signed any of the documents the agency relies on, and whether you were ever examined. A non-executive director who resigned before the loan was disbursed stands on very different ground from a managing director who signed the sanction letter.

Where the agency is the Serious Fraud Investigation Office or the ED, the LOC usually sits alongside other proceedings, and the petition has to account for them. See our pages on SFIO investigations and on ED summons and PMLA cases. Guarantors who have only signed a personal guarantee, with no role in running the borrower, are in a stronger position after the recent bank-LOC rulings, though each case still turns on its own papers.

LOCs in dowry and cruelty cases against NRI husbands

Delhi Police opens LOCs in matrimonial FIRs, usually at the request of the investigating officer once the husband is abroad and has not joined the investigation. Wives and their families sometimes press for an LOC because they fear the husband will leave and never answer the case.

For the husband, the way out is almost always to join the investigation and regularise his position first. That usually means anticipatory bail, appearance before the investigating officer and the Crime Against Women cell, and then an application for the LOC to be withdrawn or suspended. A husband who stays abroad and files a writ asking for the LOC to be quashed, without appearing, rarely gets far. Our page on Delhi High Court work for NRI and overseas clients explains how much of this can be done before you land.

For the wife, an LOC is a genuine safeguard where the husband has a history of not appearing. She can oppose the petition, point to missed dates and ask the court to impose strict conditions, such as security deposits or an undertaking about the children, if travel is allowed.

Conditions the court usually attaches to travel

When the court suspends an LOC for a trip, or quashes it while the case is still alive, it usually attaches conditions. Common ones are: a fixed deposit or security of a stated amount, an undertaking by affidavit to return on a fixed date, the address and phone number abroad, informing the investigating officer before leaving and after returning, appearing when called, and not leaving the itinerary without permission.

These conditions are not formalities. Breach of an undertaking to the High Court can lead to contempt proceedings and forfeiture of the security, and it will be held against you and anyone else in a similar position in later petitions. If plans change while abroad, for a medical reason or a visa delay, apply for an extension before the return date, not after. A short application filed in time is treated very differently from an explanation after the date has passed.

Mistakes that weaken an LOC petition

  • Not joining the investigation first. If you have ignored notices, the court will ask why it should help you leave. Appear, or offer to appear, before filing.
  • Hiding the criminal case. Some petitioners describe themselves as innocent travellers and leave out the FIR. The status report will reveal it, and the court will not forgive the omission.
  • Filing in the wrong High Court. Choosing Delhi only because it feels convenient, when the FIR and agency are elsewhere, wastes weeks.
  • Asking for too much, too late. A petition filed two days before a flight, asking for permanent quashing with no supporting papers, puts the bench in a difficult spot. File early, and ask for a specific trip if that is what you need.
  • Ignoring the trial court. If a trial court has already imposed a condition not to travel without permission, the High Court will expect you to seek that permission there, or explain why you cannot.
  • Not checking the database after the order. Orders take time to reach the Bureau of Immigration. Confirm that the agency has sent the communication before you book.

If you are the complainant, or the agency wants the LOC kept

A complainant who has lost money to an accused, or a wife whose husband has a record of not appearing, has a real interest in the LOC staying in place. A complainant is not always a formal party to the writ, but can apply to intervene, file material about the accused's past conduct, and ask that any travel permission carry strict conditions.

For the agency, the court asks for specifics: the stage of the investigation, what the person is needed for, whether he has been called and whether he appeared, and whether there is material showing he may not return. A status report that gives these facts is taken seriously. Generic objections, especially the economic interests of India without detail, are tested closely. Advocate B.K. Singh's practice when he acts for a complainant is to bring the missed dates, bounced undertakings and foreign assets of the accused on record with documents, because the bench decides on material, not on adjectives.

An LOC is different from a passport problem. If the passport office has refused to renew your passport because a criminal case is pending, or has impounded it, the remedy lies under the Passports Act 1967 and the 1993 notification that allows issue with the court's permission. Our page on passport refused, impounded or not renewed deals with that.

It is also different from a condition in a bail order. A bail order that says you shall not leave India without permission of the court binds you even if there is no LOC, and the remedy is an application to that court. Many people have all three issues at once: a bail condition, an LOC and a passport held back. They are solved in the right order, usually the bail condition first, then the LOC, then the passport, because each authority wants to see that the earlier one has been dealt with.

What to do this week

Write down exactly what happened at the airport while you remember it, and keep the boarding pass. Find every notice, email and summons you received from the police or agency, and every reply you sent. If you have a trip booked, note the date and get a letter from your employer, hospital or the host family explaining why it matters. If you were called to join the investigation and did not go, arrange to appear now, with anticipatory bail if there is a risk of arrest.

Do not book a fresh ticket until the order is passed and has reached the immigration database. The guide on how to get a Look Out Circular removed covers the steps in brief, and our note on urgent mentioning in the Delhi High Court explains how a matter is taken up quickly when travel is close.

For advice on your own papers, or to learn where the law on bank-requested LOCs stands this month, contact Advocate B.K. Singh.

Frequently asked questions

How do I find out if there is a Look Out Circular against me before going to the airport?

There is no public portal where you can search for an LOC. People usually learn of it at the airport, from a notice by the agency, or from a status report filed in court. If you suspect one, a lawyer can write to the likely agency and, if needed, file a petition in which the government is directed to disclose the position.

Can the police issue an LOC without an FIR?

The guidelines ordinarily link an LOC to a cognizable offence and an investigation or trial. An LOC opened with no FIR or criminal case is open to challenge, though agencies sometimes rely on the exception for economic interests or public interest. Courts ask for specific reasons when that exception is used.

Can a bank stop me from travelling abroad because of a loan default?

Recent High Court rulings, including several from Delhi, have held that an LOC cannot be used just to recover money where there is no fraud allegation or criminal case. The position may still be tested in higher courts, so check the current law for your facts. If there is also a fraud complaint or CBI case, the position is different.

How long does an LOC remain valid?

Under the current guidelines an LOC generally stays in force until the originating agency asks for it to be withdrawn. That is why people are stopped years after the case went quiet. The agency is expected to review it, and the High Court can quash it if it is no longer justified.

Can I challenge an LOC from abroad without coming to India?

A petition can be filed through a lawyer on the basis of an affidavit signed abroad and attested at an Indian embassy or by a notary with apostille. Hearings can be attended through counsel and video. Courts are more receptive where the petitioner has offered to join the investigation, at least by video.

Will the court ask me to deposit money to travel?

Often, yes, when the case is still pending. The amount depends on the allegations, the sums involved and your circumstances, and it is usually returned once you come back and comply with the conditions. Some orders take an undertaking or surety instead.

Is an LOC the same as a red corner notice?

No. An LOC is an internal Indian alert used at Indian immigration points. A Red Notice is issued by Interpol at the request of a member country, asking police elsewhere to locate and provisionally arrest a person. The remedies and authorities are different.

What happens if I travel after the LOC is suspended and then return late?

Returning late without permission breaches the court's order and your undertaking. The security can be forfeited, contempt proceedings can begin, and fresh coercive steps can follow. If you cannot return on time for a genuine reason, apply for an extension before the return date.

Talk to an advocate about your Delhi High Court case

Send the FIR, the order or the notice. We will tell you the deadline that matters and the next step.

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